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Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 13 - CHAPTER 273
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273.10 Juror Unanimity: Specific Offenses

    273.10.17 Torture

    273.10.17.1 Jury Unanimity: Torture

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 13 - CHAPTER 273

PRACTICE NOTE: In People v. Jenkins (CA 1994) 29 CA4th 287, 299-300 [34 CR2d 483] the court held that the "continuous-course-of-conduct" exception to the juror unanimity rule is applicable to a charge of torture for acts committed over a period of time. (See also FORECITE National™ 273.2 [Legal Authority For Requirement Of Juror Unanimity As To Which Act Constitutes The Charged Offense].)

    However, "when the accusatory pleading charges a single criminal act and the evidence shows more than one such unlawful act, either the prosecution must select the specific act relied upon to prove the charge or the jury must be instructed ..." (People v. Gordon (CA 1985) 165 CA3d 839, 853 [212 CR 174]; see also People v. Thompson (CA 1995) 36 CA4th 843, 850 [42 CR2d 798].) Hence, if discrete criminal acts are committed (i.e., acts which independently support the charge) unanimity should be required even if the acts are over a continuous period of time. (See FORECITE National™ 273.2 [Legal Authority For Requirement Of Juror Unanimity As To Which Act Constitutes The Charged Offense].)

RESEARCH NOTES:

See generally, FORECITE National™ 305.10.4 [Jury Unanimity].

See generally FORECITE National™ 273.1.5 [Jury Unanimity: Federal Model Instructions And Notes].